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A88219 London's liberty in chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646.; London's liberty in chains discovered. Part 1 Lilburne, John, 1614?-1657.; Lilburne, Elizabeth. To the chosen and betrusted knights, citizens and burgesses, assembled in the high and supream court of Parliament.; England and Wales. Parliament. 1646 (1646) Wing L2139; Thomason E359_17; Thomason E359_18; ESTC R9983 57,117 77

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to get me my liberty For then all my friends and acquaintance would conclude that the Lords had set his Masters and him on to murder me as the Earle of Northampton and the Earle of Sommerset set Sir Gervis Elvis the Lieutenant of the Tower and Weston his servant to murder Sir Thomas Overbury in his imprisonment in the Tower of London for which act they were both deservedly and justly hanged which might hazard at the least either the pulling down or breaking open the prison to see what was become of me Therefore I wished him to be advised what he did for I assured him I would improve all the interest I had in the world to effect it For before I will be murdered I would sell my life at as deare a rate as it was possible for me to sell it at And at another time I turned him to the Parliaments Declaration 2 N. 1642. Book Declar. pag. 722.723 Where speaking of the difference betwixt the King and themselves in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him they demand a question How that doth appeare And they answer Because we say it is treason to destroy the Kingdome of England as well as the King of England and because we say that the King of England hath not a power to destroy the lawes and people of England And what is that interpretation of that Statute that no learned Lawyer will set his hand to That treason may be committed against the Kings Authority though not directed against his Person Doe there want say they presidents or Book-cases to make this good Or is it not that they cannot see wood for trees that look after presidents to prove this which at length is acknowledged in his Majesties Proclamation of the 18. of June Is it then that interpretation of the Statute that the raising of force in the maintenance of his Majesties Authority and of the Lawes against those that would destroy both it and them is no treason though such acts of traitors and rebels should be in pursuance of his Majesties personall commands and accompanied with his Presence And have we cited no presidents to this purpose What are those then of Alexander Archbishop of Yorke Robert de Veere Duke of Ireland and the rest in the time of Richard the second which we caused to be published whose levying of Forces against the authoriy of the Parliament and to put to death divers principall members of both Houses by the Kings expresse command which he promised to accompany with his presence was by two Acts of Parliament judged Treason And the Act of such levied forces to suppresse them was judged good service to the Common-wealth These presidents are said to be grounded upon repealed Statutes and wee have indeed heard it said so twice but wee never heard the Statute that repealed them cited once And whether the Parliament of the eleventh of Richard the second was a more forced Parliament then that of the twenty first of Richard the second which repealed the Acts thereof And whether that of the first of Henry the fourth which repealed that of the twenty first of Richard the second and all the acts thereof and revived that of the eleventh of Richard the second and all acts made therein was ever yet repealed And consequently whether those two acts of the eleventh of Richard the second and the first of Hen the fourth doe not still stand in force None that are acquainted with the Records and History of that time can deny or so much as doubt But doe we need Presidents in this case Is it not a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him And how then say they shall it excuse Rebels and Traytors and how shall it hinder the Kings Courts and Ministers to proceed against them judicially if they submit or by force if they make opposition with force If the King might controll all the Courts in Westminster Hall and the High Court of Parliament it selfe and make it good by force what were become of the known legall government of this Kingdome or what a Jewell had we of the Law or what benefit of being Governed according to Law if all Lawes might by force be overthrown and by force might not be upheld and maintained Now Mr. Brisco said I if the Kings commands and power cannot overthrow the Law much lesse can the Lords commands who are farre inferiour in power unto him their absolute earthly Creator and Master from whom they have derived all that they have and therefore cannot be above him For it is a maxime in Nature and Reason That there is no Being beyond the power of Being And another Maxime it is That every like begets its like but not more And therefore impossible it is that their power should be above the power of their begetter or Improver the King Again Mr. Brisco said I if here by the confession of the Lords themselves for they joyned in the making of this very Declaration it be a known Rule in Law That the Kings illegall commands though accompanied with his presence doe not excuse those that obey him then much lesse are you your Master Wollaston nor his Masters the Sheriffes of London excusable for executing the Lords illegall and barbarous Warrants and Orders upon me which they doe not accompany with their presence to see put in execution Therefore Mr. Brisco assure your selfe that if I live I will turn all the stones in England that possibly I can turne but I will have justice satisfaction and reparations from you and all your masters for executing the Lords illegall Orders and Commands upon me At which hee told me he and his Masters were Officers and must execute the commands the Lords gave them without the disputing the illegality of them Wel then said I by the same Rule if the Lords who have no legall authority over me send you a Warrant to hang strangle or stab me or cut off my head in prison although I have had no legall triall according to the Law of the Land you will put it in execution And as well said I may you doe that as to doe to me as you have done and besides I know no Ground they had to receive mee a prisoner upon the Lords Warrant at all especially considering according to Magna Charta the Petition of Right c. none of their Warrants of commitments of me have either legall beginning or legall conclusions And excellent to this purpose are those Golden expressions of the most worthy Lawyer Sir Edward Cook in his exposition of the 29. chap. of Magna Charta in his 2. Part. Instit fol. 52. Where expounding what is meant by per legem terrae that is the law of the land having spoken of divers things he comes to speak of Commitments and saith Now seeing no man
of our ships and sea-faring men a work and to vend our native manufactories and likewise by reason that those forraign commodities are in few mens hands much hurt and prejudice hath redounded to every private or freeman of this Kingdom and tendeth to the ruine of the constitutions thereof Your Petitioners most humble suit is that the charter and monopoly of the Eastland-merchants the charters and monopolies of the merchant Adventurers Turkie-marchants Greenland-marchants Muscovia-merchants c. upon mis-informations and untrue pretences of publike good so unduely obtained and unlawfully put in execution to the great grievance and inconvenience of the free Denizons of this Realm contrary to the great Charter and divers other statutes of former Parliaments viz. the 12. H. 7 the 3. Jac. which was made for the overthrow of the Spanish Corporation c. the Petition of Right the act made for the abolishing of the Star-Chamber in this present Parliament in which our liberties and freedoms are confirmed may be as indeed they are declared to be contrary to law and to be utterly void and of none effect and in no wise to be hereafter put in execution and this we are the rather imboldened to crave for that the Parliament in the 3. Car. by the Petition of Right and this Parliament by the act for abolishing the Star-Chamber have confirmed the statute of tallage made in the 34. of Edw. 1. whereby in the 4. chaptar it is enacted that we shall have our lawes liberties and free customs as largely and wholly as we or our ancesters have used to have the same at any time when we had them at the best and if any statute hath been made or any custome brought in contrary to them that such manner of statutes and customs to be void and frustrate forevermore and by another statute of the 25. Edw. 1. yet in force and unrepealed It is enacted that if any Iudgement be given contrary and against the subjects liberties confirmed by Magna Charta by any Iustices or by any other Ministers that hold plea before them the same shall be undone and holden for nothing all which your Petitioners doubts not but you will grant and confirme and no more subject your Petitioners to those law-destroying monopolizers but that free trade and traffique may be restored in all points according to law as of right it ought to be these Corporations called to a strict account for all their wrongs and oppressions and reparations made to the parties grieved as shall be agreeable to justice the life and soule of all well-governed Common wealths that all men hereafter to succeeding generations may be terrified from making inchroachments upon the common liberties and freedoms of the people And your Petitioners shall ever pray c. William Sykes Thomas Johnson March the 4. 1645. And I doe hereby exhort all my fellow-Citizens that have been denied and prohibited by you to follow their trades and vend their goods seriously to read over the Statute of Monopolies made 21. James chap. 3. and seriously with the best advice and counsell they can get consider thereof and I believe they will by it finde your practises to be against the Fundamentall Laws of England and your selves liable to pay treble dammages and double costs to every man that shall ground his action upon this Statute and sue you at common-law for hindering grieving disturbing or disquieting or his or their goods or chattels any way seizing attaching distraining taking carrying away or detaining by occasion or pretext of any Monopoly or of any such Cōmission as in the Declaratory-part of this Statute is mentioned grant licence power liberty faculty Letters-Pattents proclamation inhibition restraint warrant of assistance or other matter or any thing tending as aforesaid And for the incouragement of all those that sue upon this most excellent Law it is enacted in the body thereof That he that delayes an action grounded upon this Statute incurs a Praemunire according to the Statute of the 16. R. 2. chap. 5. But if you shall think that you are free by reason of the 5. proviso therein contained I believe you are meerly cuzoned for if you read the Preamble or Declaratory-part of the Statute you shall find it there declared That all grants of Monopolies and of the benefit of any penall Lawes or of power to dispence with the Law or to compound for the forfeiture are contrary to Law So that thereby it appears the antient fundamentall known law of the Land is absolutely against Monopolists so that this Statute is no new law but a declaration and confirmation of the old and just law of the Land which makes the Statute the more stronger but least it should in future time by any scrupulous or cautious Judge be questioned whether it bee a true Declaration of the Law Therefore to make it strong without staggering it is not only declared to be law but it is enacted to be so and that by all the estates in a free and peaceable time which makes it as firme and sure without the least flaw in the world as it is possible for any humane law to be made And therefore for the avoyding and preventing of the like mischiefs in future time as had happened in the Kingdome in times past to the great grievance and inconvenience of the people May it please your most excellent Majesty at the humble suit of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That it may be declared and enacted And be it declared and enacted by authority of this present Parliament That all Monopolies and all Commissions Grants Licences Charters and Letters Pattents heretofore made or granted or hereafter to be made or granted to any person or persons bodies politike or corporate whatsoever of or for the sole buying selling making working or using of any thing within this Realme or the Dominion of Wales or of any other Monopolies or of power liberty or faculty to dispence with any others or to give licence or toleration to doe use or exercise any thing against the tenour or purport of any Law or Statute or to give or make any Warrant for any such dispensation licence or toleration to be had or made or to agree or compound with any others for any penalty or forfeitures limitted by any Statute or of any Grant or promise of the benefit profit or commodity of any forfeiture penalty or summe of money that is or shall be due by any Statu●e before judgment thereupon had and all Proclamations Inhibitions Restraints Warrants of Assistants and all other matters and things whatsoever any way tending to the instituting erecting strengthening furthering or countenancing of the same or any of them are altogether contrary to the Lawes of this Realm and so are and shall be utterly void of none effect and in no wise to be put in ure or execution Now I pray tell me ye Monopolizers of London of what strength validity or authority
is your proviso against this strong declared Law truly not worth a button being absolutely weaker then all the other 9 Provisoes But let us a little consider of your proviso the conclusion of which expresly saith That your Fraternitie Charters Customes Corporations Companies Fellowships and Societies and their Liberties Priviledges Powers and Immunities shall be and continue of such force and effect mark it well as they were before the making of this Act and of none other any thing before in this Act contained to the conteary in any wise notwithstanding And truly they were all of them illegall before and therefore of no force and effect as is fully proved and declared in the Preamble so that you get not the breadth of a hair either in point of benefit or power by this proviso But notwithstanding your Pattents Charters c. are not onely declared and enacted to be illegall but also your estates liable to pay treble dammages and double costs to all men that you wrong contrary to this just and excellent Law in which besides the incurring the Premunire to any that shall delay an Action grounded upon this Statute It is also enacted That no Ess●ign Protection Wager of Law Aid Prayer Priviledge Injunction or order of restraint shall in any wise be prayed granted admitted or allowed nor any more then one imperlance And for the further illustration that the Proviso of London is under both the declaratory and penall part of this Statute seriously read and consider the strength of the five last provisoes which onely are fenced in unquestionably and you shall find their provisoes run clear in another strain to that of London viz. Provided also and be it enacted that this Act or any Declaration provision disablement penalty or other thing before in the Act mentioned shall not extend to c. and in the conclusion of their proviso the words run thus That all c. shall be and remain of the like force and effect and no other and as free from the declarations provisions penalties and forfeitures contained in this Act as if this ACT had never been had nor made and not otherwise But compare the proviso for London which is absolutely the weakest of the rest and you shall find no such words in it at all the words of which Proviso thus followe Provided also and it is hereby further intended declared and enacted that this Act or any thing therein contained shall not in any wise extend or be prejudiciall unto the City of London or to any City Borough or Towns-Corporate within this Realm for or concerning any Grant Charters or Letters-Pattents to them or any of them made or granted or for or concerning any custome or customes used by or within them or any of them or unto any Corporations or Fellowships of any Art Trade Occupation or Mystery or to any Companies or Societies of Merchants within this Realm erected for the maintenance enlargement or ordering of any Trade of Marchandize but that the same Charters Customes Corporations Companies Fellowships and Societies and their liberties priviledges powers and immunities shall be and continue of such force and effect as they were before the making of this Act which was just none at all and of no other any thing before in this Act contained to the contrary in any wise notwithstanding the Statute of 3. James chap. 6. which Statute opens and make free the trade for Spain Portugall and France with Sir Edward Cookes Coment upon the Statute of Monopolies in the 3. part of his Institut fol. 181. and his sayings upon the same subject in his Exposition of Magna Charta 2. part Institut fol. 47. is extraordinary well worth the judicious Readers serious perusall for they will give a great deale of light about these Monopolists c. But in case the Reader have not the bookes by him nor cannot furnish himself therewith without a great deal of money if he please to furnish himself with my fore-mentioned Treatise which for a very small matter he may called Innocencie and Truth justified and read the 55 56 60 61 62. pages thereof you shall finde there both the fore-mentioned Statute at large and the marrow of Sir Edward Cookes Aaguments to which I refer you But if any man shall propound the question and ask what 's the reason that the Statute of Monopolies being a Law of so great concernment to all the people of London is no plainer penned I answer according to that information that I have from every good hand and one that knowes as much of the hammering contriving and passing of that Statute as I think any one man in England doth that in the Parliament before this most excellent Law passed it was in more plainer expressions then now it is sent up to the Lords who judged it so prejudiciall to the Prerogative and divers great Courtyers that with scorne and indignation they tare it in their house and threw it over their Bar so that there was an end of it for that Parliament But it being of so much use to the Common-wealth as it was some Patrons thereof in the next Parliament set it on foot again and prosecuted it very close but judging it impossible purely without clogs to passe the Lords and if it did passe the Lords yet they feared it would stick at the King and therefore put in some colourable provisoes which not one in a hundred could rightly understand but it coming into the Lords house with the provisoes much all alike the subtle crafty Attorney Generall then Sir Thomas Coventry late Lord-Keeper presently found out the fallacie and being put upon it by his Master the King strengthened the five last provisoes as they are which principally served his turn and beating then a good-wil to the Common-wealth and the Law of the Kingdome passed by that proviso of London c. that so the Act might be as beneficiall for the Kingdom as possible it could bee got to be then and to be the promoters of that Statute were willing to please the King and his Courtiers in admitting the five last provisoes having gained London c. being the main and principal of all the rest rather then not to have it passe at all which then it was impossible to do without them and therefore there was an extraordinary great necessity to pen it so ambiguous doubtful as it is not only for casting a mist over the Citizens eyes as indeed they have done it excellently well who if it had been plain perspicuous and easie to their understandings would have interposed with all their might and strength and if they could not have prevailed to stop it in the House of Commons would have gone near to have bribed all the Courtiers about the Court in which practises they are very well versed before it should have passed either with the Lords or King Now seeing the Patentee-Monopolizers are so pernicious and destructive to the lawes and liberties of England as by